FCA Litigation: Leveraging Statistical Sampling and Extrapolation to Prove or Disprove Liability
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel on the use of statistical sampling and extrapolation in False Claims Act (FCA) litigation. The panel will examine how courts are treating the issue and offer best practices for addressing sampling issues.
- How statistical sampling and extrapolation are used
- Cases involving liability
- Cases involving medical judgment
- In off-label cases: showing falsity vs. causation
- Court treatment
- Best practices for leveraging sampling or combating it
The panel will review these and other key issues:
- How are the courts treating statistical sampling and extrapolation in FCA cases?
- How can statistical sampling be used to demonstrate falsity versus using it to show causation in an off-label case?
- What role will Daubert challenges play in FCA cases where a party seeks to offer expert testimony that relies on sampling?
- How can parties use statistical sampling and extrapolation to prove liability?
Christopher Haney, CPA, CFE, CHC
Founder and Managing Director
Mr. Haney specializes in financial investigations, forensic accounting, and healthcare disputes. He has been admitted... | Read More
Mr. Haney specializes in financial investigations, forensic accounting, and healthcare disputes. He has been admitted as an expert witness in federal court and he regularly provides advice to clients regarding financial damages and statistical analysis. Previously, Mr. Haney was a member of the FBI’s Forensic Accounting Unit specializing in complex white collar and healthcare violations. Prior to joining the FBI, he was part of GE’s Corporate Audit Staff focused on internal investigations and acquisition due diligence across a breadth of industries including financial services, energy, and medical equipment manufacturing.Close
Michael A. Sullivan
Mr. Sullivan is a former federal prosecutor who has more than 30 years of experience in sophisticated civil and... | Read More
Mr. Sullivan is a former federal prosecutor who has more than 30 years of experience in sophisticated civil and criminal litigation. He represents whistleblowers in qui tam litigation under the False Claims Act, in the SEC Whistleblower and CFTC Whistleblower Programs, and in the IRS Whistleblower Program. He also advises clients inside and outside the United States on compliance with U.S. laws, and he serves as General Counsel to the Volkswagen AG Monitorship. Mr. Sullivan has worked with the False Claims Act since the late 1980s and has both defended and prosecuted cases under the False Claims Act.Close
Adam R. Tarosky
Mr. Tarosky counsels providers of healthcare products and services, defense contractors, and financial institutions... | Read More
Mr. Tarosky counsels providers of healthcare products and services, defense contractors, and financial institutions through confidential investigations under the False Claims Act, qui tam and government-initiated proceedings, and high-stakes litigation against whistleblowers and the U.S. He also represents clients in securities fraud and Foreign Corrupt Practices Act investigations and related litigation and defends media organizations facing defamation allegations. Mr. Tarosky was formerly with the DOJ Civil Division's Fraud Section, the clearinghouse for all False Claims Act activity in the country.Close